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Thread: Hello - Claim Form received from Northampton CC Business Centre

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  1. #126
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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  2. #127
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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    Quote Originally Posted by charitynjw View Post

    Pass

    My point being that there is no fixed formula for handling a claim otherwise there would be software designed to do it.

    Sadly solicitors instructed by debt purchasers tend to take less notice of a request from a LIP for a Discontinuance then they would from a solicitor who would attach a draft application to ask the court to do 'this and that' if they don't agree to Discontinue.

    If the debt was purchased for peanuts (it will have been) then their mindset may be 'let's give it a go'.

    What have they got to loose if it's a (potentially) Small Claims Court issue where their worst case scenario is that they don't recover all of the money which they didn't fork out to buy the debt in the first place. Unless they've messed up big time they won't risk payment of the Defendant's legal costs because they (Defendant) hasn't got a legal bill. LIPs can claim costs if they win but we're back to the 'is it worth the gamble' debate.

    Another psychological factor to consider (there's no way of knowing) is whether the solicitors are on a No Win No Fee with their client. This may/may not be their impetus to keep going.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  3. #128
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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    Quote Originally Posted by Helpseeker02 View Post
    RESPONSE TO SOLS.

    Hi guys,

    Please see my draft response to the Sols, which I aim to send tomorrow.

    Should I mention specific points i.e. CCA and/or CPR (I feel that I might be feeding them), or leave that till later and go with Nem's response?

    I welcome any feedback/amendments. Thanks very much in advance.

    Regards,
    HS

    --

    My address

    Date


    Principal Sols
    Their address

    Ref:

    Dear ??,

    I am in receipt of your letter dated (...) enclosing a document that alleges to be the regulated agreement pertaining to the alleged debt from which this claim arises.

    Having reviewed the items provided I have concluded that the documents supplied do not satisfy my request made under the provisions of CCA 1974 (as amended) as I am sure you are fully aware.

    I also want to address the point that there was a deliberate misuse of the £1 CCA request Statutory fee, as it was specifically stated as a fee and was misappropriately applied to the account as a payment.

    I respectfully suggest that you advise your client to discontinue the claim as your client has no reasonable chance of success.


    Yours Sincerely,

    Signature

    Printed Signature
    Worth a shot

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  4. #129
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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    It's worth a shot, as you stated re: discontinuance.

    The main thing for me as an LIP is that I made the request and let them know that I am not easily lying down to be 'steam rollered' :notworking2"

    Personally, I would be very interested in seeing stats (if there are any) of Sols with dca clients who operate on payments via CFA vs traditional ones.

  5. #130
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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    Good Afternoon All,

    I received a response to my letter to the sols. They did not refer to any of the contents at all.

    Their response was soley based on where it was not hand-signed i.e. typed signature.

    I didn't want to write my signature just in case they would try to use it against me. I could possibly be right based on their response below.

    --

    Please find enclosed a draft letter which purports to come from you but which is unsigned.

    You will appreciate that we must ensure that we are corresponding with the correct person and that anyone requesting information is entitled to receive it.

    Please ensure that all documentation is signed failing which we will not acknowledge receipt nor provide any response.


    --

    Note, that I did not request information.
    I told them that I was not satisfied with the information that they sent and that they should discontinue their claim.

    In their last sentence, if they choose to carry out their threat, surely that would hurt their case?

    Also, would that in any way hurt my defence too?

    Regards,
    HS.

  6. #131
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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    I use one of these, which you can c/p.
    Attached Images Attached Images
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  7. #132
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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    How did you 'sign' your CCA and CPR 31.14 Request letters?

    They must have been satisfied that they were corresponding with the correct person then since they responded by sending you a credit agreement of sorts.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  8. #133
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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    Quote Originally Posted by Diana M View Post
    How did you 'sign' your CCA and CPR 31.14 Request letters?

    They must have been satisfied that they were corresponding with the correct person then since they responded by sending you a credit agreement of sorts.

    Di
    Yes, exactly!

    Right now I do not have the letters to hand, but I usually sign them using a standard font type that can be selected in word.
    I did not hand-sign it.

    Rgds,
    HS

  9. #134
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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    Hi @Diana M


    Yesterday I could not post anything at all here in this thread (it has cleared up now).

    I started a new thread that goes into a little detail about electronic signatures
    http://legalbeagles.info/forums/show...usiness-Centre

  10. #135
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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    The content of their latest letter seems to be from a template. The gist of it appears to be that they reject your request for them to Discontinue your claim (without actually saying it).

    No surprises there.

    Maybe they felt the need to raise the 'signature' issue in case that letter pops up in a Trial Bundle later down the line, and a legal argument takes place over costs if you asked them to Discontinue and they refused early on in the proceedings and then they subsequently lost the case.

    Or if they decide to Discontinue later and if you have a legal representative who asks for costs since they were given the opportunity to cave in. Or if you get a successful Summary Judgment against them.

    So rather than say they won't Discontinue they may have chosen to say they don't recognise you to avoid acknowledging your request.

    It's £9.6k claim so destined for the Small Claims Track where unreasonable conduct can become a wasted costs issue.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  11. #136
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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    Hi @Diana M,

    With your response showing a light on their behaviour, this seems as though it is leaning towards their having a weakened position, at least initially.

    My letter obviously reached their office where it was opened and read.

    At this point, I feel strongly to not only re-send my original letter/request, but also to inform them that they are contravening The Communications Act 2000 Part II Facilitation of electronic commerce, data storage, etc c.7 (s.7). Section 7 of the act involves the following:


    7.—(1) In any legal proceedings—
    (a) an electronic signature incorporated into or logically associated with a particular electronic communication or particular electronic data, and
    (b) the certification by any person of such a signature, shall each be admissible in evidence in relation to any question as to the authenticity of the communication or data or as to the integrity of the communication or data.

    (2) For the purposes of this section an electronic signature is so much of anything in electronic form as—
    (a) is incorporated into or otherwise logically associated with any electronic communication or electronic data; and
    (b) purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both.

    (3) For the purposes of this section an electronic signature incorporated into or associated with a particular electronic communication or particular electronic data is certified by any person if that person (whether before or after the making of the communication) has made a statement confirming that—
    (a) the signature,
    (b) a means of producing, communicating or verifying the signature, or
    (c) a procedure applied to the signature, is (either alone or in combination with other factors) a valid means of establishing the authenticity of the communication or data, the integrity of the communication or data, or both.

    What would you advise?

    Thanks in advance.

    Rgds,
    HS.

    - - - Updated - - -

    Hi @charitynjw


    Out of interest to use the strip, is it placed on the letter and then an e-sig is pasted onto it (before printing)?
    Or is it placed on an A4 letter which is then printed and the signature is written on it?

    Regards,
    HS.

  12. #137
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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    Quote Originally Posted by Helpseeker02 View Post
    Hi @Diana M,

    With your response showing a light on their behaviour, this seems as though it is leaning towards their having a weakened position, at least initially.

    My letter obviously reached their office where it was opened and read.

    At this point, I feel strongly to not only re-send my original letter/request, but also to inform them that they are contravening The Communications Act 2000 Part II Facilitation of electronic commerce, data storage, etc c.7 (s.7). Section 7 of the act involves the following:


    7.—(1) In any legal proceedings—
    (a) an electronic signature incorporated into or logically associated with a particular electronic communication or particular electronic data, and
    (b) the certification by any person of such a signature, shall each be admissible in evidence in relation to any question as to the authenticity of the communication or data or as to the integrity of the communication or data.

    (2) For the purposes of this section an electronic signature is so much of anything in electronic form as—
    (a) is incorporated into or otherwise logically associated with any electronic communication or electronic data; and
    (b) purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both.

    (3) For the purposes of this section an electronic signature incorporated into or associated with a particular electronic communication or particular electronic data is certified by any person if that person (whether before or after the making of the communication) has made a statement confirming that—
    (a) the signature,
    (b) a means of producing, communicating or verifying the signature, or
    (c) a procedure applied to the signature, is (either alone or in combination with other factors) a valid means of establishing the authenticity of the communication or data, the integrity of the communication or data, or both.

    What would you advise?

    Thanks in advance.

    Rgds,
    HS.
    I did (eventually) respond to this on your other thread.
    I can't see how the quoted legislation is applicable to a letter sent via land mail.


    - - - Updated - - -

    Hi @charitynjw


    Out of interest to use the strip, is it placed on the letter and then an e-sig is pasted onto it (before printing)?
    Or is it placed on an A4 letter which is then printed and the signature is written on it?
    I usually do the latter.

    Regards,
    HS.
    ####
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  13. #138
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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    Quote Originally Posted by Helpseeker02 View Post
    Hi @Diana M,

    With your response showing a light on their behaviour, this seems as though it is leaning towards their having a weakened position, at least initially.

    My letter obviously reached their office where it was opened and read.

    At this point, I feel strongly to not only re-send my original letter/request, but also to inform them that they are contravening The Communications Act 2000 Part II Facilitation of electronic commerce, data storage, etc c.7 (s.7).
    I think you're overthinking.

    My post did not imply that they may feel their position is weakened. In fact quite the opposite.

    I was trying to say (politely) that I expect that they took your request for a Discontinuance with a pinch of salt since such a request coming from a LIP for a £9k claim was likely to have been water off a duck's back to a firm of solicitors.

    If you want to go on the attack accusing them of all sorts of stuff then be prepared for them to redouble their efforts to pursue you for this claim.

    Just my thoughts on the psychology of managing a claim

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  14. #139
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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    Hi charity,

    Maybe the land mail aspect is the difference.
    I don't know. I just wanted to point out the act and what it stood for.

  15. #140
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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    Quote Originally Posted by Diana M View Post

    Just my thoughts on the psychology of managing a claim

    Di
    Hi Diana M,
    I see...I've taken on board your response. Thank you! :tinysmile_grin_t:

  16. #141
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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    whats the latest

  17. #142
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    Default Re: Hello - Claim Form received from Northampton CC Business Centre

    Hi @Quible


    The sols have deliberately ignored my CPR letter.


    The bank, however, have been very co-operative with my SAR.
    I'm still awaiting receipt of requested info.

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